Brad Greenspan v. Ussec

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 19 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

BRAD GREENSPAN, No. 17-72832

Petitioner, SEC File No. 2016-8 v. MEMORANDUM*

U.S. SECURITIES & EXCHANGE COMMISSION,

Respondent.

On Petition for Review of an Order of the Securities & Exchange Commission

Submitted June 12, 2018** Before: RAWLINSON, CLIFTON and NGUYEN, Circuit Judges.

Brad Greenspan petitions for review of an order of the Securities and Exchange Commission (“SEC”) denying his claim for a whistleblower award under Section 21F of the Securities Exchange Act of 1934. We have jurisdiction under 15 U.S.C. § 78u-6(f). The SEC’s determination may be set aside only if

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

“arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” or “unsupported by substantial evidence.” 5 U.S.C. § 706(2)(A), (2)(E); see also 15 U.S.C. § 78u-6(f); Ponce v. SEC, 345 F.3d 722, 728 (9th Cir. 2003). We deny the petition.

The record supports the SEC’s determination that Greenspan is not entitled to a whistleblower award because Greenspan did not provide information to the SEC “that led to the successful enforcement” of an SEC action. 15 U.S.C. § 78u-6(b)(1); see also 17 C.F.R. § 240.21F-4(c) (defining information that led to successful enforcement action).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.² (9th Cir. 2009).

PETITION FOR REVIEW DENIED.

Footnotes

[2] 17-72832